What Is a Wobbler? California Felony or Misdemeanor

A wobbler is a California crime that can be treated either as a felony or as a misdemeanor. The word is not in the statute. It is the shorthand that California courts use for offenses whose penalty clause allows either a felony sentence or a misdemeanor sentence, and Penal Code section 17(b) is the law that decides when such an offense becomes a misdemeanor. The California Supreme Court's definition: "A wobbler is a crime that can be punished as either a felony or a misdemeanor" (In re G.C., S252057 (Cal. 2020), fn. 1).

This page covers California law only, as it stands after the January 1, 2026 amendment to Penal Code section 17. Other states have their own ways of classifying crimes that can go either way, and those are not covered here. For how California sorts crimes into felonies, misdemeanors and infractions more generally, see California felony and misdemeanor classes; for other states, start at felony and misdemeanor classes.

Where the term comes from

California defines felonies and misdemeanors by their possible punishment. Penal Code section 17(a) says:

"A felony is a crime that is punishable with death, by imprisonment in the state prison, or, notwithstanding any other law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions."

Some offenses give the court a choice between a felony-level punishment and a misdemeanor-level one. Section 17(b) addresses exactly those:

"When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:"

Courts and the California Courts Self-Help Guide call those offenses wobblers. The California Supreme Court opinion in In re G.C. refers to a "so-called" wobbler offense and defines it in a footnote; the Self-Help Guide says "A wobbler is an offense that can be either a felony or misdemeanor."

How to tell whether an offense is a wobbler

Read the penalty clause of the code section and look for the either-or structure 17(b) describes: a felony option (state prison, or county jail under section 1170(h)) and, as an alternative, a misdemeanor option (a fine or ordinary county jail).

Why county jail alone is not the test. Some summaries say that if a code section mentions county jail as a possible sentence, the offense is a wobbler. That shortcut no longer works reliably. Since the 2011 realignment legislation, some felonies are served in county jail under section 1170(h), and section 17(a) counts those as felonies. A crime punishable only by county jail under 1170(h) is a felony, not a wobbler. The question is whether the statute also offers the misdemeanor alternative.

The misdemeanor side has a cap. Penal Code section 19.2 generally limits county jail on a misdemeanor conviction so that no one may "be committed for a period in excess of one year," with exceptions listed in that section (including 1170(h) felony terms and consecutive sentences). That is why a misdemeanor alternative in a wobbler penalty clause usually reads "county jail not exceeding one year."

There is no master list of wobblers in section 17. Classification is offense by offense, and some statutes have a wobbler subdivision next to a straight felony subdivision.

Examples from the Penal Code

Other subdivisions of the same sections can be punished differently, and enhancements or prior convictions can change the picture. Each linked page quotes the section's full penalty text.

How a wobbler becomes a misdemeanor

Section 17(b) lists the circumstances in which a wobbler "is a misdemeanor for all purposes." In the order a case usually runs:

1. The prosecutor files it as a misdemeanor (17(b)(4))

The first choice belongs to the prosecutor. As the Self-Help Guide puts it, if prosecutors file charges, "they decide whether to file misdemeanor or felony charges." When the prosecutor files a complaint in a court with misdemeanor jurisdiction "specifying that the offense is a misdemeanor," it becomes one, unless the defendant objects at arraignment or plea. If the defendant objects, "the complaint shall be amended to charge the felony and the case shall proceed on the felony complaint." A charge on a booking sheet is the arresting agency's; the filed complaint is what counts. The charge code lookup explains booking codes.

2. The court rules before trial (17(b)(5))

Even when the case is filed as a felony, the court can decide before trial, "either on its own motion or the motion of a party, that the offense is a misdemeanor," and the case then proceeds as if the defendant had been arraigned on a misdemeanor complaint.

Before 2026, this power belonged to the magistrate and applied only "at or before the preliminary examination or prior to filing an order pursuant to Section 872." AB 321 extended it to any point before trial and added a limit. Under the new 17(b)(5)(B), after a denial "a subsequent motion pursuant to subparagraph (A) may only be made upon a showing of changed circumstances, which includes, but is not limited to, newly available facts relevant to the charge or defendant's personal circumstances, or change in the applicable law." Summaries written before 2026 describe the older preliminary-examination limit and do not mention the changed-circumstances rule.

3. The sentence is not a felony sentence (17(b)(1))

A wobbler becomes a misdemeanor "After a judgment imposing a punishment other than imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170."

4. The court declares it a misdemeanor when granting probation, or later (17(b)(3))

When the court grants probation, it can declare the offense a misdemeanor "at the time of granting probation, or on application of the defendant or probation officer thereafter." This is the route people use to ask for a reduction after the case, often together with record clearing; see expungement.

Under 17(f), "an unfulfilled order of restitution or a restitution fine shall not be grounds for denial of a request or application for reduction."

5. Youth commitments (17(b)(2) and 17(c))

The current 17(b)(2) applies when the court, upon committing the defendant to a secure youth treatment facility, designates the offense a misdemeanor, and 17(c) deems such an offense a misdemeanor for all purposes on discharge from the facility. Descriptions of 17(b)(2) written before the current text may be out of date. In juvenile court, Welfare and Institutions Code section 702, as quoted in In re G.C., says the court "shall declare the offense to be a misdemeanor or felony."

What a reduction does and does not change

The statute says a reduced wobbler is a misdemeanor "for all purposes." That phrase is broad, but other statutes can still attach consequences to the conduct. Section 17 itself contains one express limit: 17(e) says the section "does not authorize a judge to relieve a defendant of the duty to register as a sex offender pursuant to Section 290" where registration is required and the defendant was found guilty. Whether a reduction affects a particular immigration, firearm or licensing question depends on the specific law involved, so it is a question for a lawyer, not a general rule.

Section 17(d) is a separate route: offenses listed in section 19.8 can be treated as infractions if the prosecutor files them that way or the court, with the defendant's consent, so determines. That is a reduction from misdemeanor to infraction, not a wobbler reduction.

Where to start

• Check the filed charge, not the booking code. The court clerk or the case file shows whether the complaint was filed as a felony or a misdemeanor.
• Ask the public defender or defense lawyer whether a 17(b)(5) pretrial motion, or a 17(b)(3) request later, could apply.
• After the case, a 17(b)(3) application can be paired with record-clearing steps; the expungement guide explains the process.

Disclaimer

This page is general legal information about California law, based on Penal Code sections 17 and 19.2 as served by the California Legislature on October 20, 2026, the California Supreme Court's opinion in In re G.C., and the California Courts Self-Help Guide. It is not legal advice. Whether a particular charge can be reduced depends on the code section, the record and the court, so anyone facing a California charge should speak with the public defender or a criminal defense lawyer licensed in California.

Last updated: October 20, 2026.

Frequently Asked Questions

What is a wobbler in California?

A wobbler is an offense that can be punished as either a felony or a misdemeanor. The term is informal; the governing statute is Penal Code 17(b), which applies to crimes punishable either by state prison or county jail under section 1170(h), or by a fine or county jail, and lists when such a crime becomes a misdemeanor for all purposes.

Who decides whether a wobbler is a felony or a misdemeanor?

The prosecutor decides first, by filing the complaint as a felony or a misdemeanor. The court can then declare it a misdemeanor before trial, impose a non-felony sentence, or declare it a misdemeanor when granting probation or later on application, all under Penal Code 17(b).

Is any crime with a county jail sentence a wobbler?

No. Since 2011 realignment, some felonies are served in county jail under Penal Code 1170(h), and section 17(a) treats those as felonies. An offense is a wobbler when its penalty clause offers a felony option and, as an alternative, a fine or ordinary county jail.

Can a felony wobbler be reduced to a misdemeanor after sentencing?

If probation was granted, Penal Code 17(b)(3) lets the court declare the offense a misdemeanor at that time or later on application of the defendant or the probation officer. Under section 17(f), unpaid restitution cannot be the reason to deny the request.

What changed in Penal Code 17 in 2026?

AB 321, effective January 1, 2026, rewrote 17(b)(5). The court can now declare a wobbler a misdemeanor at any point before trial, on its own motion or a party's motion; before, only the magistrate could, at or before the preliminary examination. After a denial, a renewed motion requires changed circumstances under the new 17(b)(5)(B).

Is 422 a wobbler?

Yes. Penal Code 422(a) allows county jail of up to one year or state prison, so a criminal threats charge can be handled as a misdemeanor or a felony.